Fuller v. Fife et al

Filing 11

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 6/3/2016. (PSM)

FILED
2016 Jun-03 AM 10:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DAVID BOY FULLER,

)
)
Plaintiff,
)
)
v.
)
)
CORRECTIONAL OFFICER FIFE, et )
al.,
)
)
Defendants.
)

Case No. 4:15-cv-02302-LSC-TMP

MEMORANDUM OPINION
The magistrate judge filed a report on March 11, 2016, recommending that
this action be dismissed without prejudice for failing to state a claim upon which
relief can be granted, pursuant to 28 U.S.C. § 1915A(b), and further recommending
that, to the extent the plaintiff attempts to bring claims under state law, such claims
be dismissed pursuant to 28 U.S.C. § 1367(c)(3).

(Doc. 10).

Although the

magistrate judge advised the plaintiff of his right to file specific written objections
within fourteen (14) days, no objections have been received by the court.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report
is hereby ADOPTED and the recommendation is ACCEPTED. Therefore, in
accordance with 28 U.S.C. § 1915A(b), this action is due to be dismissed without
prejudice for failing to state a claim upon which relief can be granted.

Additionally, to the extend the plaintiff attempts to bring state law claims, the same
are due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3).
A Final Judgment will be entered.
DONE and ORDERED on June 3, 2016.

_____________________________
L. Scott Coogler
United States District Judge
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